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Punitive damages and rejected pleas

This week we highlight petitions that ask the Supreme Court to consider, among other things, whether an award of punitive damages that doubles the compensatory damages can comport with due process and how a defendant can prove ineffective assistance of counsel in rejecting a plea offer. After a jury trial in the U.S. District Court for the Western District of Wisconsin, Epic Systems won an award of $140 million in compensatory damages in a trade-secrets dispute with Tata Consulting Services. Th...
Tags: New York, Texas, Featured, Supreme Court, Law, United States, Epic, New Jersey, Wisconsin, Taylor, Russell, U S Court of Appeals, 5th Circuit, Lumpkin, Anaya, Tata Consultancy Services Ltd


At its heart, the legal spat between Apple and 'Fortnite' maker Epic Games is about whether or not the iPhone is a computer

Epic Games Apple and "Fortnite" maker Epic Games are fighting in court over how the App Store works. Lawyers for the two companies presented their opening remarks on Monday, which laid out their cases. At the heart of the fight is a fundamental disagreement on whether or not the iPhone is a computer. Visit the Business section of Insider for more stories. Apple and "Fortnite" maker Epic Games just kicked off a legal battle that could have major implications for the future of the App Store...
Tags: Iphone, Apple, Ios, Ipad, Gaming, Video Games, Law, Trends, Epic, Tim Cook, App Store, Sundar Pichai, Epic Games, Moore, Forrest, Tim Sweeney


Apple and the maker of 'Fortnite' are facing off in an epic legal battle. Here's what the companies are fighting about and what to expect in the courtroom.

Apple CEO Tim Cook, left, and Epic Games CEO Tim Sweeney, right. Apple/Rachel Luna/Stringer "Fortnite" maker Epic Games is suing Apple, and the court proceedings start this week in California. Epic says Apple's App Store is a monopoly. Apple says Epic broke its developer contract. As a result of the legal spat, "Fortnite" was kicked off Apple's iPhone and iPad last year. Visit the Business section of Insider for more stories. Apple and the maker of "Fortnite" are going to battle in...
Tags: Iphone, Apple, Ios, Ipad, Gaming, Facebook, Spotify, Microsoft, Video Games, Entertainment, Law, California, Trends, Smartphones, Epic, Tim Cook


Read the 2 a.m. declaration of war Apple CEO Tim Cook got from the billionaire CEO behind 'Fortnite' before the companies head to court this week

Apple CEO Tim Cook in Austin, Texas, on November 20, 2019. MANDEL NGAN/AFP via Getty Images The upcoming legal battle between Apple and the maker of "Fortnite" was sparked by a 2 a.m. email. Epic Games CEO Tim Sweeney sent a 2 a.m. email on August 13 to Apple CEO Tim Cook and other execs. "Epic will no longer adhere to Apple's payment processing restrictions," Sweeney said. Visit the Business section of Insider for more stories. Apple and "Fortnite" maker Epic Games are going to court...
Tags: Apple, Google, Gaming, Cook, Video Games, Entertainment, Law, Trends, Epic, Tim Cook, Lawsuits, App Store, Epic Games, Apple App Store, Unreal Engine, Sweeney


'Fortnite' maker Epic Games is getting help from another deep-pocketed tech giant in its ongoing legal fight with Apple: Facebook is joining the fray

Apple CEO Tim Cook, left, and Facebook CEO Mark Zuckerberg, right. AP; Francois Mori/AP Facebook is throwing its support behind "Fortnite" maker Epic Games in its ongoing legal spat with Apple, the company announced this week. "Facebook is committed to providing relevant information in the Epic Games litigation regarding how Apple's policies have adversely impacted Facebook and the people and businesses who use our services," Facebook said. On August 13, the wildly popular game "Fortnite" ...
Tags: Apple, Ios, Google, Facebook, Mark Zuckerberg, Spotify, Lawsuit, Video Games, Entertainment, Law, Trends, Ap, Epic, Tim Cook, Lawsuits, App Store


Fortnite Defeats Another Lawsuit Over Emote Dance Moves–Brantley v. Epic Games

This case involves the “Running Man” dance, a 2016 fad. (Note: the dance is not the same as the old-skool Running Man dance move, a 1980s classic that I’ve attempted on occasion). A viral video of people doing a “Running Man Challenge” was featured on the Ellen DeGeneres TV show. Fortnite added and sold an emote of the Running Man dance. The plaintiffs, Jaylen Brantley and Jared Nickens, acknowledged on the Ellen show that they copied the dance from someone else. Nevertheless, they claim they p...
Tags: Law, Copyright, Epic, Ellen, Trademark, Ellen Degeneres, Epic Games, Activision, Pellegrino, Jaylen Brantley, Brantley, Epic Games Inc, Dastar, Jared Nickens, Nickens, Pellegrino Solid Oak Sketches


Videogame Can Replicate Musician’s “Signature Move” (Unless It’s a False Endorsement, Which It Isn’t)–Pellegrino v. Epic Games

Pellegrino is a saxophone player with “externally rotatable feet,” which has helped him develop a nifty “signature” dance move while playing. The videogame Fortnite sells “emotes,” optional customizations for players’ digital avatars. Pellegrino alleges that the “Phone It In” emote depicts his signature dance move. Pellegrino sued Fortnite for a variety of claims. The court dismisses all of them, with prejudice, except for the false endorsement claim (which will fail later). Publicity/Privacy R...
Tags: Law, Copyright, Epic, Trademark, Epic Games, Pellegrino, Publicity/Privacy Rights, Epic Games Inc, Dastar, Fortnite, Signature Move


Innovaccer wants to be the service that unifies all healthcare data

The holy grail for technology companies working in the healthcare industry is becoming the gateway for all healthcare data. Big legacy providers like Epic and Cerner are trying to reach out to hospital networks to hoover up all of their data. Google is interested in it. Salesforce is interested in it. Everyone wants to be the resource that organizes and manages healthcare data for physicians and hospital providers — everyone including the San Francisco-based startup Innovaccer, which has r...
Tags: Travel, Health, Google, TC, Technology, Microsoft, Articles, San Francisco, Insurance, Epic, Healthcare, Healthcare Industry, Salesforce, Abu Dhabi, Tiger Global, Founder


Fortnite has reached The End – changing video game storytelling for good

Season 10 of Fortnite climaxed in apocalyptic fashion – sucking gamers into a black hole. Whatever the future brings, it has transformed video-game storytellingOn Sunday evening, more than 6 million people gathered online via streaming services such as Twitch and YouTube to watch the end of the world. Not our world, thankfully, but the world of Fortnite, which was sucked into a black hole, taking the whole game and all player characters with it. If you try to load Fortnite today, you’ll be prese...
Tags: Games, Xbox One, Society, Pc, Playstation, Culture, Epic, Playstation 4, Game culture, Young People, MMORPG, Fortnite, Action Games, Nintendo Switch


WIRTW #519 (the “R-I-P-R-E-S-P-E-C-T” edition)

While I've always loved Aretha's music, and her voice, and her soul, I never appreciated until watching yesterday's tributes how key of a role she played in the civil rights movement. Rest in peace Queen of Soul. Your message and your spirit will be missed as much as your voice. Here's what I read this week: Discrimination Episode 40 – C U Next Monday — via Marc Alifanz's and Dennis Westlind's Hostile Work Environment Podcast Hostile work environment, or just NSFW? — via...
Tags: Minnesota, Law, Siri, Epic, Ada, Nlrb, Airline, Omega, Reuters, Cps, Robin Shea, Eric Meyer, Aretha, Dan Schwartz, FLSA, Jon Hyman


Symposium: Good news for employers and workers, bad news for lawyers

Archis Parasharami is a partner and Dan Jones is an associate at Mayer Brown. Parasharami contributed to an for the Chamber of Commerce in support of the employers in Epic Systems Corp. v. Lewis. One year after the Supreme Court’s decision in AT&T Mobility LLC v. Concepcion, the National Labor Relations Board advanced a novel interpretation of Section 7 of the National Labor Relations Act, which gives employees the right to organize, bargain collectively and “engage in other concerted activiti...
Tags: Featured, Supreme Court, Law, Congress, California, Epic, Ruth Bader Ginsburg, Faa, Dan Jones, Chamber of Commerce, Nlrb, The Supreme Court, Ginsburg, NLRA, Anthony Kennedy, American Arbitration Association


Argument preview: Reconciling class waivers and the National Labor Relations Act

When the justices return to the bench on Monday, October 2, they will hear arguments in a trio of consolidated cases – Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris and National Labor Relations Board v. Murphy Oil USA – involving the intersection of two federal laws, both of which date back nearly a century. The first law, the Federal Arbitration Act, provides that arbitration agreements “shall be valid, irrevocable, & enforceable.” The second, the National Labor Relations Act, provi...
Tags: Featured, Supreme Court, Law, Congress, United States, Epic, Wisconsin, Hogan Lovells, Faa, National Labor Relations Board, Nlrb, Paul Clement, Lewis, Morris, Kirkland Ellis, Neal Katyal


Argument preview: Reconciling class waivers and the National Labor Relations Act (UPDATED)

(This post was updated at 3:13 p.m. to account for the court’s September 25 order granting motions for divided argument by the U.S. solicitor general and the National Labor Relations Board.) When the justices return to the bench on Monday, October 2, they will hear arguments in a trio of consolidated cases – Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris and National Labor Relations Board v. Murphy Oil USA – involving the intersection of two federal laws, both of which date back nearl...
Tags: Featured, Supreme Court, Law, Congress, United States, Epic, Wisconsin, Hogan Lovells, Faa, National Labor Relations Board, Nlrb, Paul Clement, Lewis, Morris, Kirkland Ellis, Neal Katyal


Your Periodic Reminder That Initial Interest Confusion Lawsuits Are Stupid–Epic v. YourCareUniverse

The plaintiff has a registered trademark for “CARE EVERYWHERE” for B2B healthcare software. The defendant, YourCareUniverse, also makes healthcare software. It extended its brand to include “YOURCAREEVERYWHERE” and launched a public-facing patient healthcare portal under the extended brand. The plaintiff sued for trademark infringement. The court runs through the standard multi-factor likelihood of consumer confusion test and finds most factors favor the defendant. That should end the case, but...
Tags: Law, Marketing, Search Engines, Epic, Trademark, Seventh Circuit, Epic Systems Corp, YOURCAREEVERYWHERE, YourCareUniverse Inc


Supreme Court Patent Cases: Malpractice, Obviousness, and Venue

by Dennis Crouch The Supreme Court will begin granting and denying petitions in early October.  Meanwhile, several new petitions are now on file.  Last week I wrote about the TC Heartland case as a mechanism for limiting venue. Without any good reason, the Federal Circuit overruled a 1957 Supreme Court case that had strictly limited patent venue as spelled out in the patent venue statute 1400(b).  See VE Holdings (explaining its overruling of Fourco Glass). A result of VE Holdings is the expansi...
Tags: Texas, Supreme Court, Law, Congress, Samsung, Hp, Epic, Fda, GlaxoSmithKline, Itc, Sony Music Entertainment, Patent, Alice, Apple Inc, Jericho, Grünenthal


7th Circuit surprises by siding with NLRB on arbitration agreements

It’s been two and a half years since the 5th Circuit, in D.R. Horton, rebuked the NLRB’s prohibition on mandatory arbitration clauses. Since, however, the NLRB has been undeterred, finding, in case after case, that employers’ mandatory arbitration agreements (with and without class-action waivers) violate employees’ rights to engage in protected concerted activity under section 7 of the National Labor Relations Act. Thus, when I heard that the traditionally business friendly 7th Circuit would ...
Tags: Supreme Court, Law, Epic, Ohio, Nlrb, Lewis, Horton, 7th Circuit, NLRA, 5th Circuit, Epic Systems, Jon Hyman, D R Horton



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